Ex Parte Kern et al

Patent Trials and Appeals Board

Jan 28, 2019

13966679 - (D) (P.T.A.B. Jan. 28, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/966,679 08/14/2013
51092 7590 01/30/2019
Eschweiler & Potashnik, LLC.
Rosetta Center
629 Euclid Ave., Suite 1000
Cleveland, OH 44114
FIRST NAMED INVENTOR
Thomas Kern
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
INFAP363US 1070
EXAMINER
NGUYEN, STEVEN
ART UNIT PAPER NUMBER
2111
NOTIFICATION DATE DELIVERY MODE
01/30/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
docketing@eschweilerlaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte THOMAS KERN, JENS ROSENBUSCH,
ULRICH BACKHAUSEN, and THOMAS NIRSCHL 1
Appeal2018-005347
Application 13/966,679
Technology Center 2100
Before JEAN R. HOMERE, JAMES B. ARPIN, and SHARON PENICK,
Administrative Patent Judges.
ARPIN, Administrative Patent Judge.
DECISION ON APPEAL
Appellants seek our review under 35 U.S.C. § 134(a) of the
Examiner's final decision rejecting claims 1-15, 18, and 19, all of the claims
pending in the application. Final Act. 1. 2 Claims 16 and 17 are cancelled,
1 According to Appellants, Infineon Technologies AG is the real party-in-
interest. App. Br. 1.
2 In this Decision, we refer to Appellants' Appeal Brief, filed June 2, 2017
("App. Br.") and Reply Brief, filed April 23, 2018 ("Reply Br."); the Final
Office Action, mailed December 12, 2016 ("Final Act."); the Examiner's
Answer, mailed February 27, 2018 ("Ans."); and the Specification, filed
August 14, 2013 ("Spec."). Rather than repeat the Examiner's findings and
Appeal 2018-005347
Application 13/966,679
and claims 20-21 are withdrawn from consideration as directed to an
unelected invention. Id. at 2; App. Br. 16-17 (Claims App'x). We have
jurisdiction under 35 U.S.C. § 6(b ).
We reverse.
STATEMENT OF THE CASE
Appellants' invention relates to
A memory system having a flexible read reference is
disclosed. The system includes a memory [partition], a failcount
component, and a controller. The memory partition includes a
plurality of memory cells. The failcount component is
configured to generate failcounts in response to read operations
of the memory [partition]. The controller is configured to
calibrate a reference value for the memory partition by utilizing
the failcounts.
Spec. Abstract. "[T]he calibrated reference value is compared with a cell
state voltage to determine a cell state." App. Br. 14 (Claims App'x, claim
1); see id. at 16 (Claims App'x, claim 13). Further, Appellants' invention
relates to calibrating methods, in which a reference value is set and then, for
example, sequentially decreased by a step amount until a step limit is
reached and a failcount exceeds a fail limit. The last modified reference
value then is compared with a read cell state voltage. Spec. ,r,r 25-35,
Fig. 4; see id. ,r 14.
Claims 1 and 13 are independent and are directed to a memory system
and a calibrating method, respectively. App. Br. 14--16 (Claims App'x).
Claims 2-12 depend directly or indirectly from claim 1; and claims 14, 15,
determinations and Appellants' contentions in their entirety, we refer to
these documents.
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Application 13/966,679
18, and 19 depend directly or indirectly from claim 13. Id. Claim 1,
reproduced below, is illustrative.
1. A memory system utilizing a flexible read
reference, the system comprising:
a memory partition having a plurality of memory cells,
wherein each cell has a cell state voltage based on a read
operation;
a failcount component configured to generate failcounts in
response to read operations of the memory partition, where the
failcounts indicate a number of the memory cells having failed
reads; and
a controller configured to generate a calibrated reference
value for read operations of the memory partition by utilizing
the failcounts from the failcount component, wherein the
controller is configured to generate the calibrated reference value
by sequentially reducing a modified reference value until the
failcount exceeds a fail limit to obtain the calibrated reference
value, wherein the modified reference value starts at an initial
value, wherein the calibrated reference value is compared with
a cell state voltage to determine a cell state.
App. Br. 14 (Claim App'x) (disputed limitations emphasized).
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Appeal 2018-005347
Application 13/966,679
REFERENCES AND REJECTIONS
The Examiner relies upon the following prior art in rejecting the
pending claims:
Name Pat./Publ. No. Issue/Publ. Date Filing Date
Sevugapandian US 8,996,936 B2 Mar. 31, 2015; Jan.23,2012
June 13, 2013
Kochar et al. us 2014/0258590 Sept. 11, 2014 Mar. 7, 2013
("Ko char") Al
Matsunaga us 2013/0148435 June 13, 2013 June 25, 2012
Al
Paparisto et al. US 7,379,339 B2 May 27, 2008; Nov. 16, 2005
("Paparisto") June 15, 2006
Frankowsky et al. U.S. 6,603,694 Bl Aug. 5, 2003 Feb. 5,2002
("Frankowsky")
Claims 1-3, 5, 6, and 8-12 stand rejected as unpatentable under
35 U.S.C. § 103 over the combined teachings ofKochar and Matsunaga. 3
App. Br. 3. Claims 13-15, 18, and 19 stand rejected as unpatentable under
35 U.S.C. § 103 over the combined teachings of Kochar, Matsunaga, and
Frankowsky. Id. Claim 4 stands rejected as unpatentable under 35 U.S.C.
§ 103 over the combined teachings of Kochar, Matsunaga, and Paparisto.
Id. Claim 7 stands rejected as unpatentable under 35 U.S.C. § 103 over the
combined teachings of Kochar, Matsunaga, and Sevugapandian. Id.
We review the appealed rejections for error based upon the issues
identified by Appellants, and in light of the arguments and evidence
3 See In re Bush, 296 F.2d 491,496 (CCPA 1961) ("where a rejection is
predicated on two references each containing pertinent disclosure which has
been pointed out to the applicant, we deem it to be of no significance, but
merely a matter of exposition, that the rejection is stated to be on A in view
of B instead of on B in view of A, or to term one reference primary and the
other secondary.").
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Application 13/966,679
produced thereon. Ex parte Frye, 94 USPQ2d 1072, 107 5 (BP AI 2010)
(precedential). Arguments not made are waived. See 37 C.F.R.
§ 4I.37(c)(l)(iv) (2017).
ANALYSIS
Issue: Does the Examiner err in finding the combined teachings of
Kochar and Matsunaga teach or suggest "the calibrated reference value is
compared with a cell state voltage to determine a cell state," as recited in
claim 1? See id. at 16 ( Claim App 'x, claim 13: "performing one or more
read operations to determine a cell state by comparing a read cell state
voltage with the calibrated reference value").
The Examiner finds Matsunaga teaches the limitation at issue. See
Final Act. 5; Ans. 2--4 (citing Matsunaga, Figs. 2A, 2B, 3). The Examiner
relies on Matsunaga's discussion of a diagram showing a threshold
distribution of a plurality of memory cells, i.e., Figure 12, in which "the
analog voltage shown for '00' is compared with VC to determine that the
cell contents are '00'." Final Act. 5 (citing Matsunaga, Fig. 12); see
Matsunaga ,r,r 116-11 7.
Matsunaga teaches, in performing a read operation from a memory, "a
voltage value to be read from memory cells changes due to number of
writing/erasure [sic], a data retaining period, and a surrounding
temperature." Matsunaga ,r 3. Matsunaga's Figure 12 is reproduced below.
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Appeal 2018-005347
Application 13/966,679
FIG.12
·,,lBB ~ir6,
/ VB:5 \tr:,7 [ V~:.tt
\ ~ V~iJ,t : \,\:-4
=~ \ : ·ve~ : -~}(::::~
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1
;
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l\. :rr-\~i//~il/r~\ r ·.·. ·· ·
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Figure 12 depicts
a degree of decrease in the threshold distribution may differ
among data. For example, for data "10", the read voltage is
gradually shifted from VA to VAl and then VA2, and the reading
succeeds with the read voltage VA2. The reading number of the
data "10" is for example 2 . ...
Alternatively, a changing amount of the read voltage with
which the reading of the data "10" had succeeded from a default
value is LI VAJ.
Id. ,r,r 116-117 (emphases added).
Matsunaga's Figure 2A also is reproduced below.
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Application 13/966,679
FlG.2A
I
Figure 2A depicts a circuit diagram showing an example of a configuration
of a physical block included in the NAND memory. Id. ,r,r 5, 43.
Matsunaga explains that:
The word lines WLO to WLq commonly connect the
control gate electrodes of the memory cell transistors MCT
between the NAND strings in the physical block. That is, the
control gate electrodes of the memory cell transistors MCT [(also
referred to as a memory cell)] that are in the same row in a block
are connected to the same word line WL.
Id. ,r 48 ( emphasis added). Matsunaga also explains, "the bit lines BLO to
BLp commonly connect the drains of the select transistors STI between
blocks. That is, the NAND strings in the same column in the blocks are
connected to the same bit line BL." Id. ,r 49 (emphasis added). Matsunaga
describes that:
The non-volatile memory includes a plurality of memory cells
driven by word lines and a voltage generating section that
generates a read voltage to be applied to the word lines. The
monitoring section monitors a change in a threshold distribution
of the plurality of memory cells upon performing a read
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Appeal 2018-005347
Application 13/966,679
processing to read data from the plurality of memory cells by
applying the read voltage to the word lines.
Id. ,r 26 ( emphasis added). However, referring to Figure 12, whether the
reading number or a read voltage changing amount is determined, the value
is determined with respect to the read voltage of the word line. Id. ,r,r 116-
117.
Appellants dispute the Examiner's findings and contend that
Matsunaga does not teach "the calibrated reference value is compared with a
cell state voltage to determine a cell state," as recited in claim 1. App.
Br. 4---6; Reply Br. 3--4. Referring to Figure 1, the Specification explains:
The cells within the memory partition 104 have at least a
first state and a second state. However, it is appreciated that the
cells can have more than two states, also referred to as multilevel
cells. Each state has a threshold value, referred to as a cell state
voltage, which is read during read operations using a sense
current which generates a read current or a cell state current.
The read current, corresponds to the state threshold value, and is
compared with the reference current 112 to yield the state or state
values. For example, a binary memory cell may yield a value of
'0 'for state read current above the reference current and a value
of 'l 'for state read current below the reference current 112.
Spec. ,r 9 ( emphases added). Specifically, Appellants contend that bit line
voltage, rather than word line voltage, corresponds to the cell state voltage.
App. Br. 4---6. Thus, referring to Matsunaga's Figure 12, Appellants
conclude
the read voltage that is sequentially altered and allegedly
corresponds to the calibrated reference value is the wordline
voltage applied to the cell to address the cell for a subsequent
read operation. This read voltage (i.e., wordline voltage) is not
a calibrated reference value that is compared with a cell state
voltage (e.g., bitline voltage across the memory cell) as recited
in claim 1.
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Appeal 2018-005347
Application 13/966,679
App. Br. 6 (citing Matsunaga ,r,r 26, 68, 165). We agree.
The Examiner argues that the definition of a "cell state voltage"
proposed by Appellants was not present in the Specification and constitutes
new matter. Ans. 2 (citing App. Br. 4--5). We disagree for two reasons.
First, we find the Specification, quoted above, provides an express definition
of "cell state voltage." Spec. ,r 9. Second, although the Specification does
not mention word lines or bit lines, Appellants contend "[ t ]his conventional
memory cell operation is well understood by one of ordinary skill in view of
applicant[s'] specification, particularly in view of paragraph [9]." App.
Br. 6. We find this contention persuasive. See Matsunaga ,r,r 48, 49; Kochar
,r 23; Sevugapandian, 3:15-38; see also Okajima v. Bourdeau, 261 F.3d
1350, 1355 (Fed. Cir. 2001) ("the level of skill in the art is a prism or lens
through which a judge, jury, or the Board views the prior art and the
claimed invention" ( emphasis added)).
The Examiner also argues that, given the broadest reasonable
interpretation of the terms "calibrated reference value" and "cell state
voltage," these claim terms are taught by Matsunaga. Ans. 3--4. However,
the Examiner does not interpret expressly those claim terms. Id. at 2-3.
Thus, we are not persuaded by the Examiner's arguments regarding the
undefined scope of these terms.
Appellants contend that the "alleged calibrated reference value (V Al-
V A2) of [Matsunaga's Figure 12] is never compared to a cell state voltage
as in claim 1 and is never used to determine the cell state." Reply Br. 3.
Instead, as noted above, Matsunaga teaches monitoring word line voltages
"to determine the life or remaining life of the block of cells." Id. at 3--4; see
Matsunaga ,r,r 3, 26, 113-117. The problems to be solved by the recited
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Application 13/966,679
systems and methods and those taught by Matsunaga differ. Compare Spec.
,r,r 1, 2, 9--14 with Matsunaga Abstract, ,r,r 3, 26; see Kochar ,r 32. Thus, the
voltages read by the recited systems and methods and those read by
Matsunaga understandably differ too. We find Appellants' contention
persuasive because, to the extent that Matsunaga teaches or suggests a
calibrated reference value, that value is not shown to be "compared with a
cell state voltage to determine a cell state," as recited in claim 1.
Appellants also contend that, to the extent that Matsunaga fails to teach or
suggest using the calibrated reference value for comparison with a cell state
voltage to determine a cell state, Matsunaga also fails to teach or suggest a
controller configured to generate such "a calibrated reference value for read
operations," as recited in claim 1. Final Act. 5; but see App. Br. 7-10. For
the reasons set forth above, we agree with Appellants. Thus, we also do not
agree with the Examiner's finding that Matsunaga teaches or suggests
"performing one or more read operations to determine a cell state by
comparing a read cell state voltage with the calibrated reference value," as
recited in claim 13. Final Act. 8; but see App. Br. 11.
For the reasons discussed above, Appellants have shown error in the
Examiner's factual findings and conclusion of obviousness. Accordingly,
we do not sustain the Examiner's 35 U.S.C. § 103 rejection of independent
claims 1 and 13. See App. Br. 4--7, 11. Dependent claims 2-12, 14, 15, 18,
and 19 are not argued separately, but the rejections of those claims are not
sustained for the same reasons given for independent claims 1 and 13. See
App. Br. 10 (claims 2, 3, 5, 6, and 8-12), 11 (claims 14, 15, 18, and 19), 12
( claims 4 and 7).
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Application 13/966,679
DECISION
We reverse the Examiner's decision rejecting claims 1-15, 18, and 19.
REVERSED
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